Five Redistricting Decisions on the Docket

November will be a busy month in courtrooms across the country. Amidst all of the ongoing voting rights litigation, there are five redistricting decisions we are waiting on this month.

In Utah, a state-level lawsuit is challenging the state’s congressional map for being a partisan gerrymander that unfairly favors Republicans by “cracking” non-Republican voters across districts in violation of the Utah Constitution.   

In Arkansas, a federal lawsuit is challenging the state’s legislative maps that will dictate whether private plaintiffs — and not just the U.S. Department of Justice — have the right to bring lawsuits under Section 2 of the Voting Rights Act (VRA). Read more about Republicans’ latest legal target — private right of action — here. 

In Louisiana, a federal lawsuit challenging Louisiana’s congressional map under Section 2 of the VRA is on appeal in the 5th U.S. Circuit Court of Appeals. Republicans are asking the court to reverse a court order temporarily blocking the map and requiring the creation of a new map that includes a second minority opportunity district in compliance with the VRA. Read more about the long fight for fair Black representation in Louisiana here.

In Florida, a federal lawsuit will determine whether the elimination of the state’s Black-performing 5th Congressional District violates the 14th and 15th Amendments’ prohibition on intentional racial discrimination.

• Also in Florida, a state-level lawsuit is challenging the state’s congressional map — drawn by Gov. Ron DeSantis (R) — for diminishing the voting power of Black Floridians in violation of the state constitution. The appeal of the lawsuit is pending in Florida’s 1st District Court of Appeal and a decision is expected by Nov. 22. 

If you’d like to begin receiving exclusive courtroom updates, sign up for our Daily Docket newsletter here.

Election Day: Here’s What We’re Watching

Next Tuesday is Election Day for many across the country! Democracy Docket is paying close attention to a handful of races in Pennsylvania, Ohio, California, Virginia and Mississippi. 

In Pennsylvania’s partisan state Supreme Court race Judges Carolyn Carluccio (R) and Daniel McCaffery (D) are running to fill a vacant seat on the bench that protected democracy in 2020, including one decision that saved 8,329 votes from being thrown out. County boards of elections, which run and certify the battleground state’s elections, are on the ballot for the first time since 2020 as are a handful of critical down ballot races for other judge seats.

After Ohio Republicans failed to pass Issue 1 — which would have raised the threshold to pass constitutional amendments from 50% to 60% and had the intent of stifling the upcoming reproductive rights amendment — Ohioans will have the chance to enact the new Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative. A “yes” vote supports this human right. 

Shasta County, California — a deep red county in the northern part of the state — has been a hotbed for conspiracies around voting machines, which led the county to cancel its contract with Dominion Voting Systems and plan to hand count all ballots instead. Despite Gov. Gavin Newsom (D) enacting a bill aimed at curbing hand counting, the county has vowed to sue. Just last week, Secretary of State Shirley Weber (D) warned the county that the new law prohibits hand counting. 

In Virginia, all 140 legislative seats are on the ballot and the possibility of a Republican trifecta looms. A divided government has prevented Gov. Glenn Youngkin (R) from banning abortion and rolling back voting rights even further than he already has. Tuesday will determine if Virginia continues to stand as a xxxxxx for access to the ballot ballot and health care in the South. 

In Mississippi, Gov. Tate Reeves (R) faces a formidable challenge from Democratic gubernatorial nominee Brandon Presley. In a state that hasn’t had a Democratic governor in 20 years, it’s an uphill battle for Presley, further exacerbated by the 5th U.S. Circuit Court of Appeals voiding a prior decision that would have struck down a Jim Crow-era felony disenfranchisement provision. 

• According to the Sentencing Project, Mississippi disenfranchises nearly 11% of its voting-age population, the highest percentage in the country. Learn more about 4.6 million people locked out of the electoral process here.

If you don’t have an election this November, but would still like to get involved, you can check out Vote Save America’s No Off Years opportunities here.

This Week in Redistricting: Black Voters Fight For Representation

Across the country, states are still in the midst of redistricting litigation as the 2024 General election is almost exactly a year away. 

On Wednesday, Georgia Secretary of State Brad Raffensperger (R) stated in a court filing that he will not seek an immediate pause of a decision that struck down the state's congressional and legislative maps and ordered fair districts for 2024. 

• Though the state still intends to appeal the decision, this is welcomed news for voters as progress towards a new fair map can continue. Last Thursday, a judge ordered Georgia to enact new maps with one additional majority-Black congressional district and seven additional majority-Black state legislative districts by Dec. 8 or the court will take over map drawing. Gov. Brian Kemp (R) has called for a special legislative session to redraw state and congressional districts. 

• In response to this pending appeal, a federal court delayed trial in two other cases challenging the state’s congressional and legislative maps.

Also on Wednesday, Arkansas Secretary of State John Thurston (R) urged the U.S. Supreme Court to affirm the dismissal of a lawsuit arguing Arkansas' congressional map dilutes Black voting strength and violates the U.S. and Arkansas Constitutions and the VRA

On Tuesday, oral argument was held in the Florida Appeals Court in the Florida congressional redistricting case. A lower court struck down the map for violating the state constitution by diminishing the voting power of Black voters in North Florida.

A Web of States Scramble For Voter Roll Data After Leaving ERIC

Once uncontroversial and under the radar, Election Registration Information Center (ERIC) is an organization comprised of both Democratic and Republican states that is used to ensure accurate voter registration rolls. 

Following the release of a glaringly false article attacking ERIC on the Gateway Pundit, a far-right website, that alleged numerous falsehoods about the coalition, a wave of departures ensued. Louisiana was first after Secretary of State Kyle Ardoin (R) announced the state’s departure just weeks after the article was published in January 2022. Then Alabama left, followed by Missouri, Florida and West Virginia. By July 2022, nine states, all Republican-controlled, had exited or announced their departure from ERIC. 

Those nine states are now scrambling for alternatives ahead of 2024. To call their piecemeal date-sharing, shown below, measly would be overgenerous. 

Making matters worse, states are not only receiving and sending less data, but the data that is being shared is less reliable and comprehensive than the data shared between ERIC member states. Learn more about the debacle and whether or not your state is in ERIC here.

Insurrection Or Rebellion: The 14th Amendment and Trump

Across the country, there are 25 active lawsuits challenging former President Donald Trump’s ability to appear on a ballot next year due to his nefarious anti-democratic post-election efforts in 2020. 

This week in Colorado, trial began in one of those lawsuits. It will determine if the 14th Amendment disqualifies Trump from being on the state's ballot for the 2024 presidential election. A decision is expected before Nov. 23. Just last week the judge denied the former president's motion to dismiss the lawsuit. 

Yesterday, the Minnesota Supreme Court heard oral argument in a similar lawsuit challenging his eligibility to appear on the state’s ballot next year.

Learn more about how the 14th Amendment could possibly knock Trump off the ballot here.

• In indictment updates, Judge Tanya Chutkan reinstated Trump's gag order in the Washington, D.C. election subversion case, which was placed on a temporary pause earlier this month. The judge rejected Trump's claims that the order violates his First Amendment rights.

More News

• Arizona Attorney General Kris Mayes (D) is investigating two Republican supervisors in Cochise County who refused to certify the county's 2022 election results on time, according to VoteBeat. The officials were subpoenaed to appear before a grand jury.

• A Wisconsin judge ruled that Republicans cannot oust the state's top elections official, Meagan Wolfe, while litigation continues. The judge reiterated that the state Senate's party-line vote to remove Wolfe had no legal effect and she remains head of the Wisconsin Elections Commission. Learn more about the Republican effort to remove Wolfe here.

• Nevada Gov. Joe Lombardo (R) argued that the state Republican Party's plan to hold a caucus in addition to the state-run presidential primary is "unacceptable" and "will disenfranchise a number of voters." Read more about the Nevada GOP’s caucus plan here.

• A state appeals court in Missouri unanimously ruled against ballot titles for six reproductive rights proposals written by Missouri Secretary of State Jay Ashcroft (R), determining they were “replete with politically partisan language.” 

  • If approved by voters, the proposed amendments would create a state constitutional right to reproductive freedom, including the right to an abortion.

OPINION: Why the Sheriff’s Office Is an All-White Boys Club

By Jessica Pishko, an independent journalist and lawyer who focuses on how the criminal justice system and law enforcement intersects with political power. As a contributor to Democracy Docket, Pishko writes about the criminalization of elections and how sheriffs in particular have become a growing threat to democracy. Read more ➡️

We’re reading the new report from the American Academy of Arts and Sciences on U.S. Supreme Court reform, specifically the need for term limits. Calls for Supreme Court reform have ramped up as a deluge of reporting by ProPublica has unveiled the deep, dark pockets connected to Justices Samuel Alito and Clarence Thomas. 

Yesterday, the Senate Judiciary Committee Chair Sen. Dick Durbin (D-Ill.) introduced his intention to issue subpoenas to conservative megadonors with ties to the Court — Harlan Crow, Leonard Leo, and Robin Arkley II.   

On this week’s episode of Defending Democracy, Marc and Paige speak with Mike Podhorzer of the AFL-CIO, a federation of 55 labor unions representing 12.5 million members. Learn about how labor rights and voting rights face the same obstacles from Republicans. Listen on Apple, Spotify or wherever you get your podcasts.